Explain Under What Conditions The Sixth Amendment Right To

Right to counseling1 ) The set to counsel as guaranteed by the one-sixth Amendment of the U .S . Constitution refers to the by rights of the accused to cave in the judicature appoint an attorney for him for his refutation at the censorious stages of execrable proceedings (West s cyclopedia of American Law , 1998 . These authoritative stages be arraignment , trial , custodial interrogative mood , patrol line-up after charges buzz off been d , sentencing and until appeal of a judgment of conviction (West s encyclopedia of American LawThe Right to Counsel Clause of the Constitution attaches during br custodial interrogation when natural law enforcement officers deprive the accused of his immunity and thereafter subjects him to questioning . The right to counsel has some way with the due process article especially in the eccentric where the accused is charged with an plague punishable with death penalisation . In this case , the court must appoint a competent counsel for the defense of an indigent accused (West s Encyclopedia of American Law2 ) The U .S . dogmatic Court laid quite a little the standards for law enforcement officers during custodial investigations in the case of Miranda v azimuth , 384 U .S . 436 .

According to the Court , the pretend must be warned that they suck in the right to remain silent that any statements they brace may be used as cause against them that they have the right to an attorney an d that if they cannot afford an attorney , o! ne go verboten be appointed for them prior to any questioning if they so desire (Miranda v . Arizona , 384 U .S . 436 . Any conclusion obtained in violation of these principles shall not be admissible in court in accordance with the exclusionary rule . This being so , the evidence cannot be used against the accused (West s Encyclopedia of American LawWaiver of the Miranda rights must be made knowingly and intelligently and should the rummy invoke his right to counsel to be present during the interrogation , the police officers must cease the questioningReferencesMiranda v . Arizona , 384 U .S . 436 . Retrieved on February 23 , 2008 , from HYPERLINK hypertext transfer protocol /caselaw .lp .findlaw .com /scripts /getcase .pl ?court US vol 384 invol 436 http /caselaw .lp .findlaw .com /scripts /getcase .pl ?court US vol 384 invol 436West s Encyclopedia of American Law . The Gale patch up , Inc . 1998PAGEPAGE 1 RIGHT TO COUNSEL...If you want to get a plentiful essay, order it on our website: OrderCustomPaper.com

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